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    US Senate votes to renew Fisa surveillance program

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    The US Senate voted late on Friday night to approve the reauthorization of the controversial Fisa surveillance program, narrowly preventing its midnight expiration.The reauthorization secures what supporters call a key element of the United States’ foreign intelligence-gathering operation.“Democrats and Republicans came together and did the right thing for our country safety,” said Chuck Schumer, the leader of the Democratic majority in the Senate.“We all know one thing: letting Fisa expire would be dangerous. It’s an important part of our national security, to stop acts of terror, drug trafficking and violent extreme extremism.”Fisa has attracted criticism from some Republican and Democratic lawmakers, who argue it violates Americans’ constitutional right to privacy. The bill was blocked three times in the past five months by Republicans in the House of Representatives bucking their party, before passing last week by a 273-147 vote when its duration was shortened from five years to two years.The White House, intelligence chiefs and top lawmakers on the House intelligence committee warned of potentially catastrophic effects of not reauthorizing the program, which was first created in the aftermath of the 9/11 attacks.Although the right to privacy is enshrined in the US constitution, the data of foreign nationals gathered by the program often includes communications with Americans, and can be mined by domestic law enforcement bodies such as the FBI without a warrant.That has alarmed both hardline Republicans and leftwing Democrats. Recent revelations that the FBI used this power to hunt for information about Black Lives Matter protesters, congressional campaign donors and US lawmakers raised further doubts about the program’s integrity. More

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      The US isn’t just reauthorizing its surveillance laws – it’s vastly expanding them | Caitlin Vogus

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      The US House of Representatives agreed to reauthorize a controversial spying law known as Section 702 of the Foreign Intelligence Surveillance Act last Friday without any meaningful reforms, dashing hopes that Congress might finally put a stop to intelligence agencies’ warrantless surveillance of Americans’ emails, text messages and phone calls.The vote not only reauthorized the act, though; it also vastly expanded the surveillance law enforcement can conduct. In a move that Senator Ron Wyden condemned as “terrifying”, the House also doubled down on a surveillance authority that has been used against American protesters, journalists and political donors in a chilling assault on free speech.Section 702 in its current form allows the government to compel communications giants like Google and Verizon to turn over information. An amendment to the bill approved by the House vastly increases the law’s scope. The Turner-Himes amendment – so named for its champions Representatives Mike Turner and Jim Himes – would permit federal law enforcement to also force “any other service provider” with access to communications equipment to hand over data. That means anyone with access to a wifi router, server or even phone – anyone from a landlord to a laundromat – could be required to help the government spy.The Senate is expected to vote on the House bill as soon as this week, and if it passes there, Joe Biden is likely to sign it. All Americans should be terrified by that prospect.Section 702 is supposedly a foreign intelligence tool that allows the US government to surveil the communications of non-US citizens abroad without a warrant. But as many civil liberties groups have pointed out, intelligence agencies like the FBI also use it as a warrantless spying tool against Americans. The FBI abused its authority under the law no fewer than 300,000 times in 2020 and 2021, according to a ruling from a Fisa court judge. In arguing for the reauthorization of Section 702 late last year, Turner, chair of the House intelligence committee, shockingly suggested in a closed-door briefing that the law could be used to spy on Americans protesting against the war in Gaza.It’s not supposed to be that way. In most cases, the fourth amendment requires the government to have a court-approved warrant to obtain an American’s communications. But intelligence agencies have used Section 702 as a loophole that allows them to vacuum up and comb through communications between an American and a foreigner who can be targeted under the law – all without a warrant.The House didn’t just fail to reform Section 702. It voted to grant intelligence agencies expansive new surveillance powers. The Turner-Himes amendment would allow them to deputize ordinary Americans and businesses as government spies. When privacy advocates raised alarms about the Stasi-like powers this would create, lawmakers like Himes brushed them off without a substantive response. The proposed expansion deserves an explanation. The US government has a long history of abusing its existing surveillance powers. It would be naive to think it wouldn’t abuse new ones.While the Turner-Himes amendment lists some business types that are excepted from the requirement to help spy – like dwellings and restaurants – an almost limitless number of entities that provide wifi or just have access to Americans’ devices could be roped into the government’s surveillance operations. Using the wifi in your dentist office, hiring a cleaner who has access to your laptop, or even storing communications equipment in an office you rent could all expose you to increased risk of surveillance.The Turner-Himes amendment would also make it harder to push back on abusive surveillance practices, including those targeting first amendment rights. Take, for example, the surveillance of journalists. Big tech companies may sometimes resist government orders to spy on news outlets. They command armies of lawyers, receive Section 702 orders frequently, and have a commercial incentive to at least appear to care about their customers’ privacy concerns. But what hope could a news organization have that its cleaning crew, for instance, will want to take on the federal government on its behalf?The FBI’s abuses of Section 702 violate Americans’ privacy and often threaten their first amendment rights. A declassified report from 2023, for example, revealed that the FBI had used Section 702 to investigate Black Lives Matter protesters. Section 702 has also been used to spy on American journalists, weakening their first amendment right to report the news by undermining their ability to speak with foreign sources confidentially – something reporters must do frequently.In response to these and other abuses, many reformers argue that Section 702 should be reauthorized only with real reforms that would rein in government spying, such as requiring the government to get a warrant before it can access Americans’ communications. Johnson himself initially attempted to weaken Fisa’s surveillance provisions in an effort to satisfy the hardline rightwingers in his caucus and Donald Trump. He did not succeed. The House voted to reauthorize Section 702 without adding a warrant requirement.The fact that Section 702 has been used so often against the exercise of first amendment rights – including those of journalists – makes it both shocking and inexplicable that so many news outlets continue to support it. The Wall Street Journal, Washington Post and Chicago Tribune have all published editorials in recent days cheering the demise of the warrant requirement and urging Congress to reauthorize the law. But the House vote wasn’t just a reauthorization. It was a drastic, draconian expansion of the government’s surveillance powers.Some of these editorials scoff at Trump’s recent nonsensical social media post criticizing Section 702 and frame the anti-surveillance crowd as a ragtag bunch of fringe rightwingers, ignoring that lawmakers and civil liberties organizations across the political spectrum opposed extending Fisa without reforming it. They also ignore the real threats Section 702 poses to Americans’ privacy rights and first amendment interests, especially if a future administration is determined to surveil and chill its opponents.Thankfully, it’s not too late for the Senate to prevent these future abuses. In the face of the pervasive past misuse of Section 702, the last thing Americans need is a large expansion of government surveillance. The Senate should reject the House bill and refuse to reauthorize Section 702 without a warrant requirement. Lawmakers must demand reforms to put a stop to unjustified government spying on Americans. More

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      What is Fisa, and what does it mean for no-warrant spying?

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      Congress spent the past week in a fractious debate over a major government surveillance program that gives US authorities the ability to monitor vast swaths of emails, text messages and phone calls without a warrant. In a vote on Friday, lawmakers ultimately decided to keep that warrantless surveillance intact and passed a two-year reauthorization of the law, known as section 702 of the Foreign Intelligence Surveillance Act, or Fisa.The law has long been contentious among both progressives and libertarian-leaning conservatives who view it as a violation of privacy rights and civil liberties. Donald Trump has likewise lambasted it out of personal grievance. Its defenders, which include intelligence agencies and Joe Biden’s administration, argue that it is an important tool in stopping terrorist attacks, cybercrime and the international drug trade.What is section 702 of Fisa?Section 702 is a measure added in 2008 to the Foreign Intelligence Surveillance Act, first passed in 1978, which allows authorities, including government agencies such as the NSA and FBI, to collect and monitor communications. More specifically, it gives them the authority to surveil the messaging of foreign citizens outside US soil and to do so without requesting a warrant.Although section 702 was ostensibly intended to be used to monitor foreign terrorist groups and criminal organizations, law enforcement agencies have also used its authority to collect and surveil US citizens’ communications. This is because Americans messaging with people abroad are also liable to have their data accessed, which has led to improper use of the law and allegations from civil liberties groups that it gives authorities a backdoor into warrantless searches.The law emerged from the George W Bush administration’s post-9/11 surveillance policies, adding government oversight to a secret program that had been monitoring foreign communications for years without formalized congressional approval.Why is section 702 so divisive?Section 702 has opponents on both sides of the political spectrum, with its critics especially concerned over the law’s ability to conduct warrantless searches of American citizens’ communications and law enforcement’s tendency to improperly overreach in its use.Under section 702, authorities are only supposed to be able to search databases of communications for US citizens if they believe that the query could yield intelligence on malicious foreign actors or proof of a crime. But between 2020 and early 2021, the FBI improperly used section 702 almost 300,000 times in searches that targeted January 6 suspects, racial justice protesters and other American citizens, according to documents from Fisa court.That misuse gave new life to calls for reforming section 702, potentially including requiring authorities to get a warrant from a judge before accessing US citizens’ communications. Civil liberties groups demanded numerous revisions, including closing loopholes that allowed the government to purchase information on US citizens through third-party data brokers.Donald Trump’s campaign also reignited criticism of section 702, especially among far-right Republicans who tend to operate in lockstep with his pronouncements. The former president demanded that lawmakers “KILL FISA” in a post on Truth Social on Wednesday and accused authorities of using it to spy on his campaign – an apparent reference to an FBI investigation of a former campaign adviser of his that was unrelated to section 702.Defenders of the law argued that there were already adequate provisions for stopping its misuse, and that requiring warrants or killing section 702 entirely would severely limit authorities’ ability to stop terrorist attacks and other crimes. Administration officials and backers of the reauthorization cited numerous US adversaries, from Chinese government spying operations to Islamist extremist groups, as reasons that warrantless surveillance was necessary for stopping urgent threats.What happens to section 702 now?The reauthorization of Fisa on Friday means that the program and warrantless surveillance will be able to continue for at least another two years. An amendment that would have required authorities to get a warrant for searches of US citizens narrowly did not pass, with a House vote ending in a 212-212 tie that resulted in its failure.While the law was originally intended to be renewed for five years, Mike Johnson, the Republican speaker of the house, was forced to seek only a two-year reauthorization to mollify far-right GOP members who threatened to quash the bill entirely. More

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      House votes to reapprove law allowing warrantless surveillance of US citizens

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      House lawmakers voted on Friday to reauthorize section 702 of the Foreign Intelligence Surveillance Act, or Fisa, including a key measure that allows for warrantless surveillance of Americans. The controversial law allows for far-reaching monitoring of foreign communications, but has also led to the collection of US citizens’ messages and phone calls.Lawmakers voted 273–147 to approve the law, which the Biden administration has for years backed as an important counterterrorism tool. An amendment that would have required authorities seek a warrant failed, in a tied 212-212 vote across party lines.Donald Trump opposed the reauthorization of the bill, posting to his Truth Social platform on Wednesday: “KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!”The law, which gives the government expansive powers to view emails, calls and texts, has long been divisive and resulted in allegations from civil liberties groups that it violates privacy rights. House Republicans were split in the lead-up to vote over whether to reauthorize section 702, the most contentious aspect of the bill, with Mike Johnson, the House speaker, struggling to unify them around a revised version of the pre-existing law.Republicans shot down a procedural vote on Wednesday that would have allowed Johnson to put the bill to a floor vote, in a further blow to the speaker’s ability to find compromise within his party. Following the defeat, the bill was changed from a five-year extension to a two-year extension of section 702 – an effort to appease far-right Republicans who believe Trump will be president by the time it expires.Section 702 allows for government agencies such as the National Security Administration to collect data and monitor the communications of foreign citizens outside of US territory without the need for a warrant, with authorities touting it as a key tool in targeting cybercrime, international drug trafficking and terrorist plots. Since the collection of foreign data can also gather communications between people abroad and those in the US, however, the result of section 702 is that federal law enforcement can also monitor American citizens’ communications.Section 702 has faced opposition before, but it became especially fraught in the past year after court documents revealed that the FBI had improperly used it almost 300,000 times – targeting racial justice protesters, January 6 suspects and others. That overreach emboldened resistance to the law, especially among far-right Republicans who view intelligence services like the FBI as their opponent.Trump’s all-caps post further weakened Johnson’s position. Trump’s online remarks appeared to refer to an FBI investigation into a former campaign adviser of his, which was unrelated to section 702. Other far-right Republicans such as Matt Gaetz similarly vowed to derail the legislation, putting its passage in peril.Meanwhile, the Ohio congressman Mike Turner, Republican chair of the House Intelligence Committee, told lawmakers on Friday that failing to reauthorize the bill would be a gift to China’s government spying programs, as well as Hamas and Hezbollah.“We will be blind as they try to recruit people for terrorist attacks in the United States,” Turner said on Friday on the House floor. The California Democratic representative and former speaker Nancy Pelosi also gave a statement in support of passing section 702 with its warrantless surveillance abilities intact, urging lawmakers to vote against an amendment that would weaken its reach.“I don’t have the time right now, but if members want to know I’ll tell you how we could have been saved from 9/11 if we didn’t have to have the additional warrants,” Pelosi said.Debate over Section 702 pitted Republicans who alleged that the law was a tool for spying on American citizens against others in the GOP who sided with intelligence officials and deemed it a necessary measure to stop foreign terrorist groups. One proposed amendment called for requiring authorities to secure a warrant before using section 702 to view US citizens’ communications, an idea that intelligence officials oppose as limiting their ability to act quickly. Another sticking point in the debate was whether law enforcement should be prohibited from buying information on American citizens from data broker firms, which amass and sell personal data on tens of millions of people, including phone numbers and email addresses.Section 702 dates back to the George W Bush administration, which secretly ran warrantless wiretapping and surveillance programs in the aftermath of the 9/11 terror attacks. In 2008, Congress passed section 702 as part of the Fisa Amendments Act and put foreign surveillance under more formal government oversight. Lawmakers have renewed the law twice since, including in 2018 when they rejected an amendment that would have required authorities to get warrants for US citizens’ data.Last year Merrick Garland, the attorney general, and Avril Haines, director of national intelligence, sent a letter to congressional leaders telling them to reauthorize section 702. They claimed that intelligence gained from it resulted in numerous plots against the US being foiled, and that it was partly responsible for facilitating the drone strike that killed the al-Qaida leader, Ayman al-Zawahiri, in 2022. More

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      FBI broke own rules in January 6 and BLM intelligence search, court finds

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      FBI officials repeatedly violated their own standards when they searched a vast repository of foreign intelligence for information related to the January 6 insurrection and racial justice protests in 2020, according court order released Friday.FBI officials said the thousands of violations, which also include improper searches of donors to a congressional campaign, predated a series of corrective measures that started in the summer of 2021 and continued last year. But the problems could nonetheless complicate FBI and justice department efforts to receive congressional reauthorization of a warrantless surveillance program that law enforcement officials say is needed to counter terrorism, espionage and international cybercrime.The violations were detailed in a secret court order issued last year by the foreign intelligence surveillance (Fisa) court, which has legal oversight of the US government’s spy powers. The Office of the Director of the National Intelligence released a heavily redacted version on Friday in what officials said was the interest of transparency.“Today’s disclosures underscore the need for Congress to rein in the FBI’s egregious abuses of this law, including warrantless searches using the names of people who donated to a congressional candidate,” said Patrick Toomey, deputy director of the ACLU’s National Security Project.“These unlawful searches undermine our core constitutional rights and threaten the bedrock of our democracy. It’s clear the FBI can’t be left to police itself.”At issue are improper queries of foreign intelligence information collected under section 702 of the Foreign Intelligence Surveillance Act, which enables the government to gather the communications of targeted foreigners outside the US.That program, which is set to expire at the end of the year, creates a database of intelligence that US agencies can search. FBI searches must have a foreign intelligence purpose or be aimed at finding evidence of a crime. But congressional critics of the program have long raised alarm about what they say are unjustified searches of the database for information about Americans, along with more general concerns about surveillance abuses.Such criticism has aligned staunch liberal defenders of civil liberties with supporters of Donald Trump, who have seized on FBI surveillance errors during an investigation into his 2016 campaign. The issue has flared as the Republican-led House has been targeting the FBI, creating a committee to investigate the “weaponization” of government.In repeated episodes disclosed on Friday, the FBI’s own standards were not followed. The April 2022 order, for instances, details how the FBI queried the section 702 repository using the name of someone who was believed to have been at the Capitol during the January 6 6 riot. Officials obtained the information despite it not having any “analytical, investigative or evidentiary purpose”, the order said.The court order also says that an FBI analyst ran 13 queries of people suspected of being involved in the Capitol riot to determine if they had any foreign ties, but the justice department later determined that the searches were not likely to find foreign intelligence information or evidence of a crime.Other violations occurred when FBI officials in June 2020 ran searches related to more than 100 people arrested in connection with civil unrest and racial justice protests that had occurred in the US over the preceding weeks. The order says the FBI had maintained that the queries were likely to return foreign intelligence, though the reasons given for that assessment are mostly redacted.In addition, the FBI conducted what’s known as a batch query for 19,000 donors to an unnamed congressional campaign. An analyst doing the search cited concern that the campaign was a target of foreign influence, but the justice department said only “eight identifiers used in the query had sufficient ties to foreign influence activities to comply with the querying standard”.Officials said the case involved a candidate who ran unsuccessfully and is not a sitting member of Congress, and is unrelated to an episode described in March by congressman Darin LaHood, an Illinois Republican, who accused the FBI of wrongly searching for his name in foreign surveillance data.Senior FBI officials, speaking on condition of anonymity to reporters under ground rules set by the government, attributed the majority of the violations to confusion among the workforce and a lack of common understanding about the querying standards.They said the bureau has made significant changes since then, including mandating training and overhauling its computer system so that FBI officials must now enter a justification for the search in their own words than relying on a drop-down menu with pre-populated options.One of the officials said an internal audit of a representative sample of searches showed an increased compliance rate from 82% before the reforms were implemented to 96% afterward. 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      The Last Honest Man: Frank Church and the fight to restrain US power

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      Frank Forrester Church sat in the US Senate for 24 years. His tenure was consequential. A Democrat, he battled for civil rights and came to oppose the Vietnam war. He believed Americans were citizens, not subjects. Chairing the intelligence select committee was his most enduring accomplishment. James Risen, a Pulitzer-winning reporter now with the Intercept, sees him as a hero. The Last Honest Man is both paean and lament.“For decades … the CIA’s operations faced only glancing scrutiny from the White House, and virtually none from Congress,” Risen writes. “True oversight would have to wait until 1975, and the arrival on the national stage of a senator from Idaho, Frank Church.”For 16 months, Church and his committee scrutinized the CIA, FBI and National Security Agency and their many abuses. Amid the cold war, in the aftermath of Vietnam and Watergate, Congress grappled with the balance between civil liberties and national security, executive prerogative and congressional authority.Political assassinations, covert operations and domestic surveillance finally received scrutiny and oversight. A plot to kill Fidel Castro, with an assist from organized crime, made headlines. So did the personal ties that bound John F Kennedy, mob boss Sam Giancana and their shared mistress, Judith Campbell Exner.Giancana was murdered before he testified. Before John Rosselli, another mobster, could make a third appearance, his decomposed body turned up in a steel fuel drum near Miami.One subheading in the Church committee’s interim report bears the title: “The Question of Whether the Assassination Operation Involving Underworld Figures Was Known About by Attorney General Kennedy or President Kennedy as Revealed by Investigations of Giancana and Rosselli”.Against this grizzly but intriguing backdrop, Risen’s book is aptly subtitled: The CIA, the FBI, the Mafia, and the Kennedys – And One Senator’s Fight to Save Democracy. The Last Honest Man is a gem, marbled with scoop, laden with interviews.In 2006, Risen won the Pulitzer prize for his coverage of George W Bush’s warrantless wiretapping program. Risen was also part of the New York Times team that snagged a Pulitzer in the aftermath of September 11. He endured a seven-year legal battle with the Bush and Obama justice departments, for refusing to name a source. Eric Holder, Barack Obama’s attorney general, backed off. But he earned Risen’s lasting ire.In 2015, Risen called the Obama administration “the greatest enemy of press freedom in a generation”. Holder, he said, “has done the bidding of the intelligence community and the White House to damage press freedom in the United States”.And then came Donald Trump.Risen now describes Dick Cheney’s efforts to block Church’s committee, as chief of staff to Gerald Ford. To Cheney’s consternation, the president “refused to engage in an all-out war”. So Cheney nursed a grudge and bided his time.In 1987, Cheney and congressional Republicans issued a dissent on Iran-Contra, blaming the Church committee for the concept of “all but unlimited congressional power”. Later, as vice-president to George W Bush, Cheney zestily embraced the theory of the unitary executive, the global “war on terror” and the invasion of Iraq.The Last Honest Man also doubles as a guide to high-stakes politics. Risen captures Gary Hart and the late Walter Mondale on the record. Both Democratic presidential hopefuls – Mondale the candidate in 1984, Hart the frontrunner, briefly, in the 1988 race – after sitting on Church’s committee. The three senators were competitors and colleagues. Paths and ambitions intersected.Church entered the 1976 Democratic presidential primary late – and lost to Jimmy Carter. Carter weighed picking Church as his running mate but opted for Mondale instead.“I think he had seen me on a Sunday news talk show, talking about the Church committee, and he liked how I looked and sounded,” Mondale told Risen.It was for the best. Church never cottoned to Carter, failing hide his disdain. Carter and his aides returned the favor. They “hated Church right back”. David Aaron, a Church aide and later deputy to Zbigniew Brzezinski, Carter’s national security adviser, recalls: “I know that whenever Church’s name came up, Brzezinski would grimace.”In 1980, Ronald Reagan and George HW Bush beat Carter and Mondale in a landslide. The election also cost Church his seat and the Democrats control of the Senate. Four years later, Mondale bested Hart for the Democratic nomination, only to be shellacked by Reagan-Bush again.Daniel Ellsberg, the Pentagon Papers whistleblower, leaves his mark on Risen’s pages too. He played a “previously undisclosed role in the Church committee’s investigation of the assassinations of foreign leaders”, Risen reports in a lengthy footnote.In an interview, Ellsberg says he “met privately” with Church in 1975, as the committee investigated assassination plots. In Risen’s telling, Ellsberg cops to handing Church “a manilla envelope containing copies of a series of top-secret cables” between the US embassy in South Vietnam and “the Kennedy White House”.The messages purportedly pertained to the “US role in the planning of the 1963 coup against South Vietnamese president [Ngô Đình] Diệm that resulted in his assassination”. The Church committee interim report referred to cable traffic between the embassy in Saigon and the White House but contained no mention of Ellsberg.In other words, assassinations and coups carry a bipartisan legacy. It wasn’t just Eisenhower and Nixon, Iran and Chile.Risen hails Church as “an American Cicero” who “offered the United States a brief glimpse of what it would be like to turn away from its imperialistic ambitions … and return to its roots as a republic”.He overstates, but not by much. Iraq and its aftermath still reverberate. But for that debacle, it is unlikely Trumpism would have attained the purchase it still possesses. Our national divide would not be as deep – or intractable. Church died in April 1984, aged just 59.
      The Last Honest Man: The CIA, the FBI, the Mafia, and the Kennedys – And One Senator’s Fight to Save Democracy is published in the US by Hachette More

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      Biden administration urges Congress to renew warrantless surveillance law

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      Biden administration urges Congress to renew warrantless surveillance lawSection 702 cast as an essential tool to gather intelligence about terrorists and other foreign targets located overseasThe Biden administration has formally urged Congress to reauthorize a high-profile warrantless surveillance program, warning in a letter to top lawmakers that allowing the provision to expire could sharply limit the intelligence on foreign threats and targets the government collects.The law – named section 702 – allows the US government to collect the communications of targeted foreigners abroad by compelling service providers like Google to produce copies of messages and internet data, or networks like Verizon to intercept and turn over phone call and message data.Biden administration under pressure as Israel-Palestine violence escalatesRead moreBut the law is controversial because it allows the government to incidentally collect messages and phone data of Americans without a court order if they interacted with the foreign target, even though the law prohibits section 702 from being used by the NSA to specifically target US citizens.The administration’s efforts to reauthorize section 702 as it currently stands could face increased resistance this year, with Republicans on the House judiciary committee sharing Donald Trump’s distrust of intelligence agencies and past FBI errors in using the warrantless surveillance authority.To that end, the administration moved to cast the provision that would otherwise expire at the end of 2023 as an essential tool to gather intelligence about terrorists, weapons proliferators, hackers and other foreign targets located overseas who use US telecommunication providers.“The information acquired using Section 702 plays a key role in keeping the United States, its citizens, and its allies safe,” the Attorney General Merrick Garland and the director of national intelligence, Avril Haines, wrote in the letter sent Monday. “There is no way to replicate Section 702’s speed, reliability, specificity and insight.”Congress enacted section 702 as part of a 2008 amendment to the Foreign Intelligence Surveillance Act (FISA) of 1978 that legalized the kind of surveillance used in the secret “Stellarwind” warrantless wiretapping program authorized by George Bush after the 11 September 2001 terrorist attacks.The provision continues to be used as a counterintelligence tool, the letter said, and played a role in the drone strike last year that killed al-Qaida leader Ayman Al-Zawahiri. Section 702 information remains a large portion of the presidential daily brief, a source familiar with the matter added.But the government has moved to use the full scope of the powers from section 702, including as it applies to US citizens.When the NSA collects incidental intercepts between foreign targets and Americans, it generally stores the raw messages for five years in a searchable database where agents can use Americans’ identifiers – like names, email addresses, phone numbers and social security numbers – to filter results.The database is also accessible to the FBI for domestic investigations in certain circumstances, in a practice decried by civil liberties groups as a “back door search loophole” to the fourth amendment requirement that the government obtain search warrants to access Americans’ private communications.For Americans’ information, the NSA, CIA and National Counterterrorism Center need a reason to believe the surveillance would reveal information about foreign intelligence. Since 2018, the FBI has needed a court order to review anything in criminal investigations with no link to national security.The recent requirement for the FBI came in part after an inspector general report found repeated errors and omissions during its Russia investigation in applications for FISA wiretaps against Trump 2016 campaign aide Carter Page – though the authority for that kind of wiretapping is not the one that is expiring.The FBI missteps with Page has led Trump allies on Capitol Hill, most notably the Republican chair of the House judiciary committee Jim Jordan who shares jurisdiction over FISA with the intelligence committee, to tell Fox News last year: “I think we should not even reauthorize FISA.”The letter to top lawmakers came as the head of the US justice department’s national security division and former FBI official Matthew Olsen made the case for reauthorizing section 702 in remarks at the Brookings Institute in Washington, DC.“Its value cannot be overstated,” Olsen said. “Without 702, we will lose indispensable intelligence for our decision makers and warfighters, as well as those of our allies. And we have no fallback authority that could come close to making up for that loss.”TopicsBiden administrationSurveillanceUS politicsUS CongressnewsReuse this content More

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      Tuesday briefing: Why is the US suddenly spying so many UFOs?

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      Tuesday briefing: Why is the US suddenly spying so many UFOs?In today’s newsletter: The use of surveillance balloons has gone largely under the radar until several floating orbs were shot down in North America. But China’s not the only country full of hot air – a look at this mysterious twist in international espionage

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      Good morning. UFOs are being shot down over North America, and one of them is octagonal. OK, that’s a slightly breathless account of events since a Chinese balloon was sighted over Montana 10 days ago, and aliens probably aren’t involved – but the full story is almost as interesting.After that first balloon was brought down and US secretary of state Anthony Blinken postponed a trip to Beijing in response, three other mysterious objects have been taken out in US and Canadian airspace in the last few days – the last of them an “octagonal structure” with strings attached to it. The US views them as potential surveillance tools.China says the first one was a weather balloon, and in any case claims the US does the same thing itself. The US hotly denies it. UK defence secretary Ben Wallace says the UK will conduct a security review of its own airspace in response. Now, as debris from the first balloon is recovered from the Atlantic Ocean, a diplomatic spat that started with literal hot air is floating into the stratosphere.What on earth is going on here? Are balloons seriously part of the cutting edge of international espionage? And what exactly was that octagon? For today’s newsletter, Dr David Jordan, co-director of the Freeman Air and Space Institute at King’s College London and a director of the RAF Centre for Air and Space Power Studies, helps us towards some answers. The truth is out there, and after the headlines.Five big stories
      Policing | Police missed clear chances to identify Wayne Couzens as a danger to women before he murdered Sarah Everard, it emerged as he pleaded guilty to three offences of indecent exposure on Monday. Witnesses recorded either full or partial registration details of vehicles Couzens used, but the cases were not linked to the then-Metropolitan police officer.
      Turkey-Syria earthquake | Abu Mohammad al-Jolani, a Syrian rebel leader with a $10m US government bounty on his head, has made an urgent appeal for international aid to Idlib, a province in the north-west under opposition control. Meanwhile, Syrian regime leader Bashar al-Assad has agreed to open two border crossing points with Turkey to allow more emergency aid to the regoin.
      UK news | The family of Brianna Ghey, a 16-year-old from Warrington who was stabbed to death on Saturday, said her death “has left a massive hole in our family”. They described Brianna, who was transgender, as “strong, fearless and one-of-a-kind”, and thanked the public for their support.
      Israel | Tens of thousands of Israelis gathered in Jerusalem to protest against legislation introduced by the country’s hard-right government aimed at overhauling the judicial system. The changes, which give politicians greater control over the supreme court, could help prime minister Benjamin Netanyahu avoid conviction in his corruption trial, in which he denies all charges.
      Fan safety | Uefa bears “primary responsibility” for the catastrophic failures that turned last season’s Champions League final into a horrific experience for thousands of supporters, the organisation’s own review has concluded. The report found no evidence for claims that Liverpool fans were at fault.
      In depth: What’s behind the stratospheric attempts to protect US and Canadian airspace?Shortly after he left work on 1 February, Chase Doak spotted a mysterious white orb floating far above him. He decided to film it. “I am sitting in my driveway here in Billings, Montana … and this thing is up in the sky,” he said, in a video that went viral. “And I have no idea what it is.”Three days later, after identifying the orb as a Chinese surveillance balloon, the US shot it down. A week after that, last Friday, the US shot down another flying object off the coast of Alaska. On Saturday, a US jet acting on US and Canadian orders shot down another over Canada’s Yukon territory. On Sunday, that aforementioned octagonal thing was shot down over Lake Huron on the US-Canada border. (Leyland Cecco reports on local residents’ utter bafflement.) And overnight, the US military said it had recovered “significant debris” (pictured above) from the first incident.Dr David Jordan, an expert in air power and defence, has not previously been asked to give an interview about balloons. “The military use of balloons hasn’t gained much attention recently,” he said. “But it’s fair to say, no pun intended, that it probably goes on under the radar.”Why is the US suddenly spotting so many UFOs and balloons?While it’s quite exciting to imagine a sudden abundance of mysterious objects prowling North American skies, part of the explanation is comically prosaic: it looks like the US has just turned up the radar a bit.Melissa Dalton, the US assistant secretary of defence, said on Sunday: “We have been more closely scrutinising our airspace at these altitudes, including enhancing our radar, which may at least partly explain the increase in objects.”That doesn’t really clear up whether this is a new problem or something ongoing that nobody’s been monitoring, though. “It might be a bit of both,” Jordan said. “It’s entirely understandable they haven’t been looking for them because you pick up so much other stuff like hobby drones, weather balloons – you get to a stage where it’s a bit, ‘Is it a bird, is it a plane?’ (Here’s a fascinating piece by Jonathan Yerushalmy explaining the problem of ‘sky trash’.)“But if you start to think – hang on, are we in a situation where a potential adversary is using these craft to conduct surveillance based on knowing it’s written off as clutter, they will want to go back and check. If it turns out it’s been going for a while, they will leave the filters turned off.”Why might they be useful?Balloons are useful tools for gathering intelligence, in part because they can stay in one place more easily than a satellite. “They help you maintain a fairly persistent surveillance capability,” Jordan said. “And you can launch them relatively covertly. A satellite launch is going to be detected – there’s not much to stop you letting a balloon off.”While satellites will remain the dominant means of collecting intelligence on what’s going on on foreign soil, they have downsides. “The Chinese have used dazzling lasers to block them,” Jordan said. “And the Americans know when satellites are passing over sensitive locations – so you get a window when you’ll be out of sight.”On the other hand, as James Lewis of the US thinktank the Center for Strategic and International Studies pointed out in this global overview of the use of the “poor man’s satellite”, balloons have issues of their own. “They go where the winds take them,” he said. “I’m surprised the Chinese would resort to it … Why not just send a guy in a campervan to drive around?”That might suggest a motive beyond pure intelligence. “It may be they’re sending a message – saying look, your vaunted air differences can’t stop us flying things over your territory,” Jordan said. “If it’s that sort of cunning wheeze, it has a limited lifespan, but it might still have been good while it lasted.”Is China the only country doing this?It’s worth noting that only the first object has been definitively attributed to China. On Monday, Beijing accused the US of flying its own balloons over Chinese airspace more than 10 times since the beginning of last year. While the US flatly denies that claim – and it seems surprising that it would only come up now – it is certainly true that China is not alone in seeing potential in their use.The US has significantly increased its investment in balloon projects: it went from spending $3.8m over the last two years to more than $27m in 2023, Politico reported – a marginal sum against the vast defence budget, but still a big change.The UK is also developing its own programme. The Ministry of Defence’s 2021 tender for a £100m contract, Project Aether, said the UK was seeking to strengthen its capacity for “Intelligence, Surveillance and Reconnaissance using Stratospheric Uncrewed Air Systems.”Even so, it doesn’t necessarily follow that the Chinese claim of US operations in its airspace are true. “My gut feeling is that it’s unlikely,” said Jordan. “You can pick up an awful lot of information from international airspace.”What was that octagon, then?There have been conflicting views from US officials over whether the objects sighted over Yukon and Alaska can be categorised as balloons, with little detail beyond the admirably specific line that they are about the size of “a Volkswagen Beetle”. None of that explains the “octagonal structure” shot down over Lake Huron in Michigan on Saturday.Part of the giddy fascination prompted by that incident was the result of a response from General Glen VanHerck, head of North American Aerospace Defense Command (Norad), to a question about aliens: “I haven’t ruled out anything at this point.”Yikes! Other defence officials hastened to add that, er, there was no evidence of aliens. So WHAT WAS THE OCTAGON?Part of the mystery is the result of the fact that the only sightings were from fighter jets travelling past at hundreds of miles an hour, the White House noted yesterday. Jordan doesn’t know for sure, but he has a fun speculation, drawing on the example of the Coléoptère, an ill-fated French experiment in wingless flight from the 1950s: while no propulsion system was detected, it’s not impossible this was a high-end drone.“It would be very unconventional,” he said. “ but even without wings an octagon could have an aerodynamically viable system with an engine piloted remotely – that would be sophisticated, but not revolutionary.” Again: probably not aliens, though.skip past newsletter promotionafter newsletter promotionIs North American airspace really what’s important here?Probably not. While the subject has come to the fore because of what started in Montana, balloons may be a more pressing issue in Taiwan, as part of preparation for a possible future Chinese invasion.On Sunday, the FT reported (£) that dozens of Chinese military balloons had been observed over Taiwan in recent years, with the most recent just a few weeks ago.Such operations are far more militarily relevant, Jordan said. “They want to fatigue Taiwan’s response – but they don’t want to add fatigue to their own. If the Taiwanese feel they have to intercept it, you probe their defences, you inflict attrition, you work out their response times and their tactics and procedures. So that is a more significant development.”What else we’ve been reading
      Ruth Michaelson and Lorenzo Tondo have a devastating report from north-west Syria, where the earthquake “has compounded layers upon layers of humanitarian crisis in Idlib”. They speak to Mohammed Hadi (above), whose wife died along with two of their five children after she ran back inside their home to try to save them. Archie
      Jedidajah Otte spoke to the people who have gone part-time, after realising that they are better off if they cut down their working hours, and asks what the implications are for a shrinking UK economy. Nimo
      Stuart Heritage compiles 27 great tricks from professional chefs to make your own dinners seem a little more restauranty. Why has nobody told me to put a teabag in my curry until now?? Archie
      Interweaved with the story of her courtship with her husband, Andee Tagle’s piece in the Atlantic (£) explores the enduring magic of mixtapes. “The gift of music curation is powerful, a love language to be wielded with care,” writes Tagle. Nimo
      After scenes of violent disorder outside a hotel housing asylum seekers in Knowsley on Saturday, Diane Taylor writes about the problem of inflammatory rhetoric coming from the government itself: “The government needs to extinguish its anti-asylum-seeker rhetoric before the situation becomes too out of control to be reined in.” Archie
      SportFootball | Czech Republic international Jakub Jankto came out as gay in a social media video, becoming the most prominent current male footballer to come out publicly. Jankto (above) said he wanted to “live my life in freedom without fears, without prejudice, without violence, but with love,” adding: “I am homosexual, and I no longer want to hide myself.”Cricket | England trounced Ireland at the T20 Women’s World Cup, bowling their opponents out for 105 before reaching their target for the loss of six wickets. Meanwhile, seven players picked up contracts in the inaugural Women’s Premier League in India, including a £320,000 deal for Nat Sciver-Brunt, likely making her the best-paid female team athlete in the UK this year.Football | Liverpool triumphed in the Merseyside derby, beating Everton 2-0 thanks to goals from Mohamed Salah and Cody Gakpo. For Liverpool, writes Jonathan Liew, “the hopeful reading is that this comfortable win against their favourite opponents can restore a little of the old swagger”.The front pagesThe Guardian leads with “Police missed chances to arrest Couzens as sex offender suspect”. The Metro carries tributes to stabbing victim Brianna Ghey: “Strong, fearless, one of a kind”. The i has “Hunt urged to boost defence spending – or risk failing to deter Putin”, while the Daily Mail says “Rishi: RAF are ready to shoot down spy balloons”. More surveillance worries in the Daily Telegraph: “Police use of Chinese drones ‘risks UK security’”.The Times has “Exposed, the secret plot to sink tougher sewage rules” while the Daily Express warns “Millions face maximum council tax hikes”. “Cost of living it up” – the Sun is angry on our behalf that an energy company sent 100 “reps” on a Maldives jaunt. The lead story in the Daily Mirror is “M25 road rage killer claims: I’m not a threat to victim’s lover”. Top story in the Financial Times today is “Overseas bets on Vodafone mount as Liberty Global takes £1.2bn stake”.Today in FocusWhy anger is growing in Turkey a week after catastrophic earthquakesIt’s been an agonising time for survivors in Syria and Turkey – especially those whose relatives and friends are still trapped under rubbleCartoon of the day | Martin RowsonThe UpsideA bit of good news to remind you that the world’s not all badSuzy Morrison had been working since she was 15, but money always disappeared quickly: “I couldn’t keep hold of it,” she says. “I never learned how to save money.” Morrison developed addictions to alcohol and other substances, holding down a job and raising two children while also funding her dependency by selling drugs. In her late 30s, though, Morrison joined a 12-step recovery programme. But while her life transformed in many ways, her dysfunctional relationship with money did not change. So in 2012, after a lifetime in debt, she joined Debtors Anonymous when she was 61. Ten years later, she is debt-free and works as a counsellor, giving Addiction 101 workshops and webinars. Her life could not look more different. Morrison says she is more self-assured than ever. “I’m at ease in my own skin,” she says. “There’s none of that fraud or impostor thing. Becoming easy in my skin feels like a radical act.”Sign up here for a weekly roundup of The Upside, sent to you every SundayBored at work?And finally, the Guardian’s crosswords are here to keep you entertained throughout the day – with plenty more on the Guardian’s Puzzles app for iOS and Android. Also try out the Guardian’s new daily word game, Wordiply. Until tomorrow.
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      US courts must stop shielding government surveillance programs from accountability | Patrick Toomey and Alex Abdo

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      US courts must stop shielding government surveillance programs from accountabilityPatrick Toomey and Alex AbdoThe NSA’s surveillance of Americans’ internet use raises serious constitutional concerns, but the government claims a lawsuit against the program would compromise ‘state secrets’ Imagine the government has searched your home without a warrant or probable cause, rifling through your files, your bedroom dresser, your diary. You sue, arguing that the public record shows it violated your fourth amendment rights. The government claims that it has a defense, but that its defense is secret. The court dismisses the case.In-person teaching has resumed in the US – but electronic snooping hasn’t stopped | Arwa MahdawiRead moreThat’s precisely what the federal government has increasingly said it can do in cases related to national security – under the so-called “state secret privilege”. It can violate constitutional rights, and then defeat any effort at accountability by claiming that its defense is secret – without even showing its evidence to a court behind closed doors. The latest installment in this troubling trend involves the National Security Agency’s monitoring of Americans’ international internet communications.Under a post-9/11 surveillance program known as “Upstream”, the NSA is systematically searching Americans’ internet communications as they enter and leave the United States. The agency sifts through these streams of data looking for “identifiers” associated with its many thousands of foreign targets – identifiers like email addresses and phone numbers. The NSA does all of this without warrants, without any individual judicial approval, and without showing that any of the people it is surveilling – including countless Americans – have done anything wrong. This surveillance raises serious constitutional concerns, but no court has ever considered a legal challenge to it because the government has claimed that allowing a suit against Upstream surveillance to go forward would implicate “state secrets”. Late last month, we filed a petition asking the US supreme court to make clear that the executive branch cannot invoke state secrets to dismiss cases challenging unlawful government conduct. The petition, which we filed on behalf of the Wikimedia Foundation (the non-profit that operates Wikipedia), explains that Upstream surveillance violates the privacy rights of Wikipedia users and Wikimedia itself. But the issue we’re asking the supreme court to decide has far broader implications for efforts to hold the government accountable for the most serious abuses. Historically, the state secrets privilege was not a basis for dismissing cases. When the privilege developed in the early English and American courts, it allowed the government to withhold specific pieces of sensitive evidence. As with other privileges – like the attorney–client or priest–penitent privileges – the sensitive information was excluded, and the case would go forward without it. Sometimes the plaintiff would prevail using other available evidence, and sometimes they would lose. But they would have the chance to make their case in court. In recent years, however, the government has invoked the state secrets privilege not as a shield but as a sword, to seek dismissal of cases even where the plaintiff can make its case using public evidence – as Wikimedia is willing to do. In 2007, for example, an appeals court dismissed a lawsuit filed by Khaled El-Masri claiming that, in a case of mistaken identity, he had been kidnapped and tortured by the CIA. The court acknowledged the public evidence of El-Masri’s mistreatment but held that state secrets were too central to the case to allow it to go forward.And in 2010, a different appeals court dismissed a lawsuit filed by five individuals who claimed that one of Boeing’s subsidiary companies had flown the planes carrying them to the black sites where they were tortured by the CIA. This use of the state secrets privilege – to dismiss cases – departs from the supreme court’s narrow framing of the privilege. The court decided its seminal state secrets case, United States v Reynolds, in 1953, after three civilians died in the crash of a military plane. Their families sued and requested the flight accident report. In response, the government asserted the state secrets privilege, arguing that the report described secret military equipment.The court acquiesced, but it emphasized that the plaintiffs could try to prove their case using other evidence. While the supreme court has accepted dismissal in a small set of cases involving secret espionage contracts, it has never blessed this approach for other cases, let alone ones involving allegations of serious constitutional violations. In Wikimedia’s current lawsuit, the government has taken the maximalist approach. It has asked the courts to dismiss the case on state secrets grounds even though the government itself has released dozens of official reports, court opinions and other documents about Upstream surveillance.Notwithstanding this public record, the lower courts threw out the case – without ever deciding whether this sweeping surveillance is constitutional. The petition we filed gives the supreme court an important opportunity to rein in these over-broad invocations of secrecy. The court should instruct lower courts not to dismiss cases when the government invokes the state secrets privilege, but rather to use the array of tools that courts have long used to adjudicate cases involving sensitive information – for example, relying on security-cleared counsel, as courts routinely do in criminal cases, or examining secret evidence behind closed doors to assess its impact on a case. Unless the supreme court steps in, the state secrets privilege will continue to be a “get out of jail free” card for the government – enabling it to violate the constitution with impunity by invoking secrecy.
      Patrick Toomey is deputy director of the American Civil Liberties Union’s National Security Project
      Alex Abdo is founding litigation director for the Knight First Amendment Institute
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